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A Contractor has included in his Tender a List of Contractor's Risk Items, one of which is a Price for Weather Impacts. Clause 60.1 (13 ) is included in the Contract and has not been amended.

Does this Risk Item negate the requirement for a C.E. under Clause 60.1 (13 ) ? I.e. is the Contractor taking all of the Risk for any Weather Impacts ? I would assume that the Contractor has only allowed for "general" weather impacts and that a C.E. would still be due for for the Clause 60.1 (13 ) Event, but would appreciate clarification.

2 Answers

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Under the standard NEC contract the Contractor is responsible for weather events which are not a compensation event and are a Contractor risk, including;

- any weather which is not a 'weather measurement',
- any 'weather measurement' occurring on average MORE frequently than once in ten years,
- any 'weather measurement' occurring on average less frequently than once in ten years but which spans across more than one calendar month,
- actual Site weather conditions differing from the stated place in the Contract Data.

Wind is not usually a 'weather measurement' although if there are any lifting operations required on Site then these will be affected by both the wind speed and direction, which could adversely affect productivity on Site.

From the above response ..."any 'weather measurement' occurring on average less frequently than once in ten years but which spans across more than one calendar month,"......I can not find this condition in NEC 3 . Is this actually stated in NEC3 or is it in the Guidance Notes ?

The CE is based upon weather measurements recorded 'within a calendar month', so if there is a period of exceptional weather conditions, then it may not be a CE if it spans between more than one calendar month.

Wind is not a weather measurement UNLESS it is an extra one listed in contract data. The only weather measurements that do form part of the 1 in 10 events are rain (number of days and cumulative amount), snow on the ground and freezing temperatures. Wind therefore is not a compensation event and is Contractor's risk.